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Round 3 Of TAP Forum By ESR, Lessig, Et Al.

Iambic Pentametor writes "Back in April, Slashdot had a story covering the first two rounds of a forum at The American Prospect between Eric S. Raymond, Lawrence Lessig, Nathan Newman, Jeff A. Taylor, and Jonathan Band. The third round is here. ESR's latest is pretty inspiring and despite some squabbling, each of the combatants make some good points."

44 of 91 comments (clear)

  1. Prospect /.ed? by istartedi · · Score: 2

    Or is http://www.prospect.org/controversy/open_source/ a bad URL?

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  2. Re:ESR's presumptuousness by Bad+Mojo · · Score: 2

    "We'll stampede to a new leader. But it could be months or years before the talking heads notice. It took them years to notice that we existed in the first place."

    I submit that this is a problem with media that has no true intrest or ties to the community it is reporting on/about. Even other groups have this problem, and I'm sure we won't be the first to deal with it.

    "Bad Mojo is right."

    Can I quote you on that? You know, for when I run for mouthpeice of the movement? Hehehe.

    Bad Mojo

    --
    Bad Mojo
    "If you can't win by reason, go for volume." -- Calvin
  3. Re:ESR's presumptuousness by Bad+Mojo · · Score: 3

    No, because chances are very good that what ESR says is what most hackers think. People like ESR and RMS don't get their ability to be heard from their own power, we attribute it to them.

    If you are going to be annoyed, go be annoyed at elected officials telling you what you think. Or get mad at the media for telling you what laws you break and what a horrible person you are as a hacker. Go be annoyed with society or something. But don't try to construct ESR as `the man'. Last I checked, ESR was viewed as typical hacker with ideas that lined up pretty well with a good many open source and free software people out there.

    When that changes, I'm sure the majority will finger some other willing soul to be a mouthpiece for the movement. Maybe even you.

    Bad Mojo

    --
    Bad Mojo
    "If you can't win by reason, go for volume." -- Calvin
  4. "Co-opting the system" can mean policy too by inkydoo · · Score: 4

    I think perhaps ESR and the others are not as far apart as they might imagine. In the third round, ESR states that "we [hackers] are very, very good at co-opting the system". What he doesn't seem to realize is that there are two entities in his statement, the co-opter and the system being co-opted.

    From my reading, I believe that what Lessig in particular is saying is that the system exists in the form of policy, and that system has already been co-opted by the Microsofts, MPAAs and other large corporate interests to pass things like UCITA and DMCA. Lessig seems to be suggesting that if we don't co-opt the policy process the way we've done in other areas, somebody else will, much to the open source movement's detriment.

    ESR seems to be arguing that we don't need no stinking system, because hackers are the real creators of the digital revolution. What he is ignoring is the fact that without a system, there is nothing to co-opt. For instance, if there had been no ARPA in 1969 with money to spend on a massive networking experiment and politicians nervous about mobile military communication, then it wouldn't have mattered how many hackers like JCR Liklider and Robert Taylor there were.

    PS. I also grow weary of ESR as my "tribe's" representative. We are too diverse a group of people for any one (or two) people to really represent our views. Otherwise slashdot wouldn't be as interesteing as it is.

  5. Re:I think ESR did miss Lessig's point by scott@b · · Score: 2
    Actually, this may be why ESR has his "Geeks with Guns" bent. "When they come for my router, they'll have to fight for it."

    Contract law can be something very good. Properly applied it could simplify some of the legal maze we've built - imagine if the labels on products were contracts - if the package of grits says it great for pouring down your pants, but when you try that ... - then the manufacture has broken the contract.

    Unfortunately, these days contract disputes tend to be won by the side with the most lawyers, and consumers are consumers, not partners in a contract.

  6. Why 'Tribe'? by meepzorb · · Score: 3
    PS. I also grow weary of ESR as my "tribe's" representative. We are too diverse a group of people for any one (or two) people to really represent our views. Otherwise slashdot wouldn't be as interesting as it is.

    One of the more disturbing subtexts of ESR's use of the word 'tribe' is that, in an actual tribe (think "primitive peoples"), there can be no dissent in the modern sense. All members are of the same blood, have identical culture, and have similar life experiences so there is actually not much in the way of deeply opposed points-of-view. And the Tribal Elders run the show, and tolerate no serious opposition.

    Given these attributes, it makes perfect sense for ESR to refer to all hackers as his Tribe: In his view, those with any fundamental disagreements are, by definition, not of His Tribe. And therefore not really hackers. Witness phrases such as "...my report of what the open-source culture knows and believes and wants." If you disagree, you Don't Really Matter.

    As a self-described anthropologist/linguist ESR cannot be totally ignorant of the implications of this usage of the word.... and one does sometimes get the impression from his essays that this sort of tribal setup would, indeed, be his ideal social structure for Open Source.

    Depressingly enough, we may already be there.

    :Michael

  7. Re:ESR's presumptuousness by Trepidity · · Score: 2

    I agree with him that in retrospect, very little of his poetry is worth saving.

    That "Funny Fan Mail" reminds me of those cheesy testimonial ads on TV...

  8. Re:ESR's presumptuousness by sparks · · Score: 2
    > The kernel thing is news to me. I grepped through the kernel source and didn't find anything.

    Oh, well that's conclusive. I don't think.

    For a start, there's CML2, which looks likely to be what gets run when you type "make config" in future. This is entirely an ESR work.

  9. Re:ESR's presumptuousness by hey! · · Score: 2

    > The kernel thing is news to me. I grepped through the kernel source and didn't find anything.

    Oh, well that's conclusive. I don't think.


    Never said it was conclusive.

    For a start, there's CML2, which looks likely to be what gets run when you type "make config" in future. This is entirely an ESR work.

    Well, that might be a significant contribution to development tools, I suppose, but it doesn't support the literal truth of what you said, which is perhaps an overstatement.

    In any case, this is an irrelevant quibble.

    I don't mean to criticize ESR's contributions to open source projects, to which he can justly point with pride; I don't think it gives him the right to be anyone's spokesman but his own.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  10. ESR's cheerleading by 0xdeadbeef · · Score: 2
    Because the true owner of the Internet's open architecture has never been either the government or the telecom companies. The true owner was us -- the hackers.


    Shoot, I'm calling up Network Solutions, MCI, and BBN Planet right now and demand the equity that's mine. All this time, thinking property law defined who controls the infrastructure.. what a chump I was! I guess all is well after all.
  11. Government needs this as much as we do. by davebooth · · Score: 2

    The government - ANY government, no matter where you may live - has a long track record of badly thought out policies on issues ranging from diplomatic relations to public health to intellectual property. Just about the only thing distinguishes an effective government from an ineffective one is how readily they learn from and fix their inevitable mistakes. Unfortunately the only indication that a government has that it has just made a mistake is the volume of protest, counterarguments and lost votes that result from the mistake.

    This is where a government is no better off than the average slashdotter because they have an even worse signal:noise ratio to cope with than we do - Anyone with a "strong" viewpoint will generate so many flames when a regulation they object to is introduced that a politician often cant "hear" the more rational voices, the ones proposing intelligent solutions or compromises. There aint no moderation in politics so the offtopic gets dragged in as relevant (how many riders to otherwise useful bills have fouled things up in the last 12 months of american politics, for example.)

    For so long as any government is trying to set policies on an issue those that are able to speak to that issue from a genuine position of experience and knowledge will be needed. I may not agree with ESR on every point but I sure as hell respect the fact that he is doing something useful by his open-source advocacy and more to the point it is something that I cannot do myself. Sure as individuals my opinion and his carry no greater theoretical weight on a national scale but the fact remains that he has earned his reputation as a knowledgable person in this field and therefore he is better placed in this role than I would be.

    He cannot do it alone though, nobody could. How many of you have written to representatives regarding issues like the DMCA - I'm not talking about flaming "this legislation is a piece of crap!" letters, you all know as well as I do that those wont even get read. I'm talking about a rational statement of your disagreements with a bottom line of "If you support this measure I will not vote for you, irrespective of my party alleigance"

    If they cant hear you, they cant represent you whether they want to or not - and even if they dont want to the prospect of losing an election is enough to force any career politician to take your views into account
    # human firmware exploit
    # Word will insert into your optic buffer
    # without bounds checking

    --
    I had a .sig once. It got boring.
    1. Re:Government needs this as much as we do. by Danse · · Score: 2

      I love posts that eloquently rebut an argument. I guess you figure your rubber stamp makes your arguments for you. Lazy AC poster.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  12. Re:ESR's presumptuousness by streetlawyer · · Score: 3
    I have no axe to grind in these matters, except to point out that if Raymond continues to claim on his website that he is an "anthropologist", then he is practising anthropology without a license, and loses the right to complain to the world about who is and isn't entitled to call himself a "hacker"

    And his poetry is shit

    And his "Funny Fan Mail" isn't funny.

  13. Re:I think ESR did miss Lessig's point by Syberghost · · Score: 2

    Actually, this may be why ESR has his "Geeks with Guns" bent. "When they come for my router, they'll have to fight for it."

    That's part of it. A bigger part is this:

    Why does a subset of hackers get this bizarre notion that it's bad if the government tells me what I can do with information, what I can do with encryption, what I can log into when, what I can see in a movie theatre, or what I can send to whom over the net, but it's OK for them to tell me how I can go about exercising my right to keep and bear arms?

    Information is far more dangerous than guns, yet some of us will tolerate the restriction of the latter but not of the former.

    That is asinine. All of your rights are precious, and just as you wouldn't tolerate me trying to restrict a right that you value, I won't tolerate you trying to restrict a right that I value.

    I believe that's more where ESR is coming from.

    Eric, correct me if I'm wrong, please.

    BTW, why would anybody who doesn't trust the government not to lie, cheat, and steal also trust them not to murder and kidnap? Guns are your protection against the latter, just as information is your protection against the former.

    I contend that it's worse if the government kidnaps or murders you than if they lie, cheat, and steal from you, yet some hackers proclaim that they'll never give up the right to protect themselves from government lies, cheating, and theft, but readily give up the right to protect themselves from potential government kidnapping and murder.

    Give up that right if you must; but don't try to give it up for *ME* too. Or for Eric.

    --

  14. Poor agenda by Animats · · Score: 2
    It's not much of a discussion. Lessig seems to have run out of substantive things to say. Band's agenda seems lame. Who wants to read Microsoft's code? What you want are the interface documents, and those they will probably be forced to disclose.

    A reasonable legislative agenda for the open-source movement might be as follows:

    • All software development funded with tax dollars must be open-source. This includes university research, NASA, NSF, etc. (Reasonable enough; it was like that before Reagan.)
    • Patent rights obtained by government-funded researchers must be licensed at no cost to open-source software projects. (Again, it was pretty much like that before the Reagan years.)
    • Open-source software should be favored in government procurements. (Europe is moving in this direction.) It's a good deal for governments; they can switch vendors more easily.
    • "Interface patents" should not be enforceable against open-source projects. (Interface patents are narrow patents which cover only a very specific way of doing something, and are only useful for preventing interoperability. The classic Hayes escape sequence patent ("+++") is an example).
    • The use of an undocumented protocol on the Internet should be considered a restraint of trade violation for antitrust purposes.
    • Content encryption should be forbidden for any content which uses the "public airwaves", i.e. spectrum for which the transmitter doesn't pay like broadcast TV and radio. (The FCC is gingerly moving in this direction.)

    All of those things are within the realm of political reality.

  15. Re:ESR's presumptuousness by rgmoore · · Score: 2
    No, because chances are very good that what ESR says is what most hackers think. People like ESR and RMS don't get their ability to be heard from their own power, we attribute it to them.

    These statements are, at least to some extent, contradictory. It's clear from anyone who's listened to them that ESR and RMS have some very, very different opinions on various matters, particularly WRT the government's anti-trust suit against Microsoft (which ESR made a big issue of in his talk). This, in itself, is evidence that ESR does not necessarily represent what most hackers think.

    IMO if you read the general opinion on Slashdot (which is at least an attempt to listen to the whole community, rather than one self-appointed spokesman), it becomes obvious that on at least some issues ESR represents a small minority opinion. The Microsoft breakup is one good example of this. The opinion on Slashdot seems primarily divided between people who have listened to Microsoft's POV (MS has done nothing wrong and should remain atop the heap) and people who think that the anti-trust suit was a great thing. Comparatively few people have expressed Raymond's view that the anit-trust suit is essentially meaningless (because MS is going down to the power of "Open Source" programming) and a bad thing in the abstract (because the government should butt out).

    --

    There's no point in questioning authority if you aren't going to listen to the answers.

  16. Re:ESR's presumptuousness by dsplat · · Score: 3

    I submit that this is a problem with media that has no true intrest or ties to the community it is reporting on/about. Even other groups have this problem, and I'm sure we won't be the first to deal with it.

    Yeah, I stopped believing that the mainstream press was correct, accurate, complete or up-to-date years ago. Every time they report events that I have first-hand knowledge of, they are dead wrong on at least a few important aspects of it. By Occam's Razor, I assume that the same is true when they report on things I wasn't already familiar with.

    Part, and only part, of the problem arises from the model of the press as an entity that practices unbiased journalism. Those two words hold the key to the problem. There is nothing wrong with the hope that we can get a view of every side of a controversial issue. But it is common for press reports to reduce it to two competing sides. As for journalism, there are too many reporters out there who know how to write stories for newspapers and magazines and too little about what they are reporting on.

    I prefer press with a background knowledge and a viewpoint. I don't have to agree with that viewpoint, so long as I know what it is.

    Mojo, go ahead and quote me. It isn't like my comments ever got anyone else anything.

    --
    The net will not be what we demand, but what we make it. Build it well.
  17. Re:ESR's presumptuousness by Bad+Mojo · · Score: 2

    "IMO if you read the general opinion on Slashdot (which is at least an attempt to listen to the whole community, rather than one self-appointed spokesman), it becomes obvious that on at least some issues ESR represents a small minority opinion."

    I think that by your logic, using Slashdot to get a consensus of the general Hacker opinion is no different that getting it from ESR. IMHO of course.

    Bad Mojo

    --
    Bad Mojo
    "If you can't win by reason, go for volume." -- Calvin
  18. Re:Lessig+Brand by dillon_rinker · · Score: 2

    non hackers shouldn't have any say in the Open Source movement, and that THEY (hackers) and not avg. Joe should decide whether to put Microsoft on it's knees.
    Hi. I'm a non-hacker. I think you should write a Linux app that will replace Hyperterminal...
    ...
    ...
    ...
    Are you done yet?
    ...
    ...
    ...
    So what's wrong with this picture? I'll tell you what's wrong. The Open Source movement is a whole bunch of individual people. They write what they want to write. No non-hacker can tell a hacker what to write, unless they've got the money to pay for the hacker's talents. I don't see ESR so much dictating policy as stating an obvious fact: those without power cannot exert power over those who have power unless they take some of that power for themselves. No non-hacker can create code unless they become a hacker.

  19. Re:ESR's presumptuousness by killbill · · Score: 2

    Yeah boy, if only he would be more like RMS and stick to the topics at hand :) :) :) Heck, the last time I heard RMS speak, he at one point was describing marriage as a repressive male institution designed to subvert women... How exactly is that related to open source or the GPL?

    Seriously, ESR and RMS are both extremely bright and thoughtfull philosophers with important things to say. I agree with one more then the other, but I think both are important to listen too, and I don't think you can listen to them in a vaccuum.

    If you listen to a speech, you get listen to what the speaker feels is important to say. If you want to hear just what you want to hear, write your own speech or pick speakers that are more fully aligned with your world view.

    There is enough bigotry and censorship already (against both the left AND the right wings)... lets not add to it and give our guest speakers a list of "approved topics"...

    All, of course "IMHO"

    --
    Mathematically impossible requirements are technically not against policy.
  20. Re:Who owns the Internet? by dillon_rinker · · Score: 2

    I think it would be more precise to say that "we run the internet", not that we own it.

    Have you never read Dune? "The power to destroy a thing is the power to control it absolutely" or something like that.

  21. ESR's presumptuousness by Anonymous Coward · · Score: 4
    Anyone else annoyed that this guy goes around talking about what "we hackers" think?

    (AC 'cuz who knows how much today's moderators like ESR)

    1. Re:ESR's presumptuousness by sparks · · Score: 2
      He might not speak for everyone, but I certainly agree with him, and I would say that he does speak with authority and from experience.

      He's not just a self-appointed Katz-like "spokesman for the hackers". ESR is a real honest-to-god open source programmer, with several significant contributions to the Linux kernel amongst other things.

    2. Re:ESR's presumptuousness by Matthew+Smith · · Score: 2
      Couldn't agree with you more on this one. He has a recipe on what we should eat, drink, look like and even believe in!

      Also his idea of mixing his Geeks with Guns together with the Linux expo. At least he could keep the two separate and I'd be very grateful if he can stick to talking of Open Source when he's asked to talk about FUCKING OPEN SOURCE! The bastard keeps on pushing his agenda all the time and it pisses me more and more. Rant over. Off to order my BSD CDs.

    3. Re:ESR's presumptuousness by Matthew+Smith · · Score: 2
      someone has to present us to the rest of the public.

      Or do they? I beg to differ here. Why do we need to speak with a single voice or need any kind of leadership? I thought we were all great individualists who know how to conduct themselves. At least I do otherwise I would be in a sect somewhere praying to the trees instead of developing applications. We don't need a guru only those who can't think for themselves do!

      Do car mechanics have their "voice of the community"? So why should we all speak a unanimous voice? I particularly differ with Mr. Raymond on most issues he chooses to talk about and when he uses expressions such as 'we the hackers' it makes my skin crawl. Not only is he self appointed he's actually helping to build stereotypes about people in the software industry.

      Dear Mr. Raymond, programming is just a frigging job. It's not a religon, it's not a recipe for life your 'observations' are just rehashing old mantras such as "real programmers are born not made". We heard it all a million times now and don't want to hear it again. Beside it being stupid and flat it can be said of most professions. Good people in any job are hard to come by and coding is no different. It's just a job and a hobby and for most of us it's both. Nothing less, nothing more. Mixing it with your 'libertarianism' passion for guns or everything else results in a mixture that's hard to swallow and leaves a bad aftertaste too.
      What a lovely HydePark slashdot is :).

    4. Re:ESR's presumptuousness by dsplat · · Score: 3
      And it doesn't matter who I am; my point stands (or falls) on its own.


      I agree with this statement completely. I rarely pay much attention to who said what here until after I read the comments themselves. If the comments do cut it, a name attached to them doesn't fix the problem.

      As for disagreeing with ESR or his arrogance, I haven't been able to get to the page because it is severely Slashdotted at the moment. I can guess at the psychology of what he said. I would construe the expression "we hackers think ...." in the heat of an argument to mean something like "I'm a hacker. Many of us think that ...." Since I have the benefit of writing this calmly and with some thought, I won't presume to speak for ESR. Even if I did, he certainly has the time and energy to defend against anything I might say about him.

      The point I am getting at is an old one. Emotion of any kind, vocal inflection, factial expressions, pauses and so forth, are missing in text, especially text written quickly online. I try to guess at possible motivations on the part of the writer when I read something that annoys me. Usually, the answer I come up with is that somebody posted too quickly and stuck his foot in his mouth. Sometimes, I gain a different perspective and learn something that the writer was trying to say and didn't convey well at all.

      I see no reason to post this as an AC, so flame on if you disagree.
      --
      The net will not be what we demand, but what we make it. Build it well.
    5. Re:ESR's presumptuousness by dsplat · · Score: 2

      You are dead on with this in one sense, but you have missed an important point. We, the hackers, have recognized ESR, RMS, Larry Wall, etc. as spokesmen for our causes. We have done this in part because they have articulated what motivates us. Unfortunately, the rest of the world now considers them, and particularly ESR, to be "sources" for information and quotes about open source/free software. I certainly hope that ESR never reaches the point where he is so busy talking to the media that he forgets to talk to the hackers. Bad Mojo is right. We'll stampede to a new leader. But it could be months or years before the talking heads notice. It took them years to notice that we existed in the first place.

      --
      The net will not be what we demand, but what we make it. Build it well.
    6. Re:ESR's presumptuousness by chromatic · · Score: 2

      Yes.

      But, part of that is standard rhetoric. If you pepper your argument with phrases like "I believe" and "It may be true that" and "This is probably how it works", you come off as wishy-washy. ESR's probably used to speaking directly, focusing more on his ideas than the supporting evidence.

      (Whew, talk about a backhanded compliment.)

      Anyway, about half the time he says something in public, I want to stand up and say "This man does not speak for me on these specific issues." It happened when he said that Linux users don't want China to use Linux. It happened when he talked about being unbelievably wealthy after the LNUX IPO.

      It happened today, when, to the best of my knowledge, he argued that government is irrelevant in the face of his anarcho-capitalism. (One might wonder, if the U.S. federal government were judged on purely economic principles -- revenue, spending, employment statistics -- how would it compare to the corporations ESR mentions as examples?) I disagree.

      I prefer Lessig's argument that giving up on The System (or denying that it exists, or, possibly, waiting to revolt against it and set up some kind of technocracy) would be a mistake. Coding skills, project administration ability, and even soi-disant expert sociological analysis are separate skills from governance. Some people might be gifted in both areas, but if you only have abilities in one, it's a grave fallacy to assume that the other is irrelevant. Both sides need to learn this lesson.

      --

    7. Re:ESR's presumptuousness by freeBill · · Score: 2

      As much as I like much of what ESR has said in a number of areas, I have to agree the his libertarianism does not represent my viewpoint. He is definitely overstepping some important bounds when he claims it does.

      If libertarianism is not about freedom, then it is not about any value I have an interest in. When ESR uses that perverted version of libertarianism which claims that government actions are inherently threats to freedom (and thus worse than corporate threats to freedom or private threats to freedom), then he has placed another value higher in the his values hierarchy than freedom itself: his dislike of government.

      Now, it is perfectly all right to dislike government in any way you wish. Government can be good, and government can be bad. If you would like to concentrate on the bad, that is your prerogative. But don't pretend your prejudice is in defense of liberty or freedom. If you intend to protect liberty, you have to recognize that government action can promote freedom and it can attack freedom.

      If we intend to promote freedom, we will have to do the hard work of figuring out what each individual action of each government, of each corporation, and of each person does to promote or diminish freedom and liberty. If we substitute any ideology (like "government is always opposed to freedom" or "corporations are always bad" or "individuals never harm anyone else's liberty") for the effort required to find out what actually does promote liberty, then that ideology becomes the value we are placing above freedom.

      And, in that substitution, we have become the true enemies of liberty. Even if we call ourselves "libertarians."

      Now, ESR has every right to make that choice. But he does not have the right to say (even if a large number of his fellow hackers are seduced by the same form of pseudo-libertarianism) that "we hackers" all agree with him.

      The really disturbing thing about Raymond's "Round Three" attack on Lessig (and there is no doubt it is an ad-hominem attack of the codier-than-thou variety) is his inexact use of language. The two prongs of his argument use the term "hackers" in two different ways: In his "we hackers" manifesto, he assumes the word means those who agree with him; in his Chinese-empire metaphor, he assumes that everyone who is learning to code is automatically a part of his Hacker Empire.

      You can't have it both ways. If everybody who becomes a hacker or a coder or a programmer is automatically absorbed into the hacker culture, each of those new hackers are going to dilute the degree to which one person can be the spokesperson of that culture, especially if that spokesperson continues to make the outrageous comments which have always made Raymond interesting.

      We have a word for people who claim to speak for large and amorphous groups of humans: politician.

      And the only way such a person gets any legitimacy for the kinds of claims Raymond makes in Round Three is to set up a structure whereby the geeks, coders and hackers can determine their spokesperson. We have a word for that, too: government.

      Guess what, Eric? I think you've already become the enemy you've been demonizing.

      --
      Eternal vigilance only works if you look in every direction.
    8. Re:ESR's presumptuousness by hey! · · Score: 2

      ESR is a real honest-to-god open source
      programmer, with several significant contributions to the Linux kernel amongst other things.


      The kernel thing is news to me. I grepped through the kernel source and didn't find anything.

      In any case, it doesn't really matter. I stipulate ESR is a hacker. He may even be an representative hacker. This doesn't qualify him as a representative of hackers.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    9. Re:ESR's presumptuousness by Russ+Nelson · · Score: 2

      Is there anyone else who can represent us better? If we don't describe ourselves, we will BE DESCRIBED. And you'll like it even less.
      -russ

      --
      Don't piss off The Angry Economist
  22. Re:Fun by dillon_rinker · · Score: 2

    No, I think you're wrong. I think he works a lot like a duck - calm and relaxed on the surface, and paddling like crazy where you can't see!

  23. Re:non clear by jmallett · · Score: 2

    It's about the role Open Source Software should be given in Public Policy. I.e. should the government be for it, against it, or ignore it? The worry is that the government will be against it due to the DMCA. Because if you distribute Open Source Software it hardly falls in with what the DMCA wants and if there is "Good Software" which doesn't _need_ that protection, and all the CRAP does, then the gov't looks dumb for making it law.

  24. Re:non clear by sparks · · Score: 2
    > The worry is that the government will be against it.

    That is a worry. An even bigger worry is that they might try to help it!

  25. Re:Fun by jmallett · · Score: 2

    Talk about _hard_. I mean really. He has a job/occupation much like the president's. He's a public speaker, writer, programmer, etc., He's like a college professor in that respect as well, except his listeners don't always have the background to understand what he's got to say. Should have prerequisites for reading anything by ESR. 1) You have to have used this _miracle linux_ 2) You have to have used some real OS 3) You have to know at least a little programming or know what it's like to work in that field. Many people take him at his words and not the ideas he addresses.

  26. Re:Fun by Junks+Jerzey · · Score: 2

    Talk about _hard_. I mean really. He has a job/occupation much like the president's. He's a public speaker, writer, programmer, etc.,

    No, let's be realistic here. He gives speeches occasionally. He writes essays occasionally. He tinkers with programming projects here and there. Compare that to someone with a full-time programming job that spends 8-12 hours a day banging out code with the pressure of deadlines. Or someone trying to start his own business who doesn't have millions in stock.

    I'm not putting down ESR at all, just pointing out that what he's doing is not tremendously difficult. I admire his writing, and I think more than occasional travel would be draining, but in general he can spend his time as he likes.

  27. Thank you, ESR by Julian+Morrison · · Score: 3

    My only suggestion: please look again at copyright. What part of it could not be emulated with NDA contracts plus receiving-stolen-data laws? Because copyrights and patents both assert that I don't own my property where it has a certain form, or where I changed it with a certain process into that form. This even if I got it into that form without breaking any NDAs or accepting data derived from a broken NDA.

  28. Who owns the Internet? by scruffy · · Score: 2
    Here is the centerpiece of ESR's essay:
    ... the true owner of the Internet's open architecture has never been either the government or the telecom companies. The true owner was us -- the hackers. We composed the Request for Comments. We defined the standards. We wrote the software. We designed the routers. And we now run the ISPs (the suits may think they run them, but we know better). We have successfully fought off multiple attempts to lock up the network (including, for example, the voice-traffic oligopoly's concerted attempt to replace TCP/IP with ATM, and Microsoft's efforts to displace us with MSN and ActiveX.).

    Since 1969 we have owned the Internet architecture, because none of the government or corporate power groups that wanted to control it or extract money from it could run it without us -- and despite our beards and Birkenstocks, we are very, very good at co-opting the system. For 30 years, we have been pushing toward a conscious, shared goal: to build the ultimate open-access network. We have successfully transmitted that dream across both corporate and national boundaries and across generations of engineers.

    This policy debate is framed by technology we created and that only we understand -- because as people grok [deeply understand] the technology they become us; they absorb our values and goals and our cultural logic as part of the learning process, they become part of our freemasonry. Like the Chinese empire, we have defeated or assimilated every wave of barbarians to come at our borders.

    We didn't always know how we would do it, and we almost never knew what the critical breakthroughs would be in advance or who would make them, but we knew where we were headed. So, for example, the World Wide Web was a surprise -- but Tim Berners-Lee is one of us, and his disposal of his invention was not.

    While inspiring, I have a few quibbles. I think it would be more precise to say that "we run the internet", not that we own it. And what is meant by "we" anyway?

    Certainly, computer-savvy people ("hackers") are required to keep the Internet going. To the extent that we hackers believe in an open Internet and implement that belief, the Internet will stay open. However, do we as a group really believe in an open Internet? And will we as a group remain steadfast in the face of government and corporate coercion? E.g., there appears to be some number of us who work for corporations (such as Microsoft) and governments (such as China) with different visions of the Internet. The benefits of working for Microsoft and the penalties for disobeying oppressive governments can be very persuasive.

    Certainly, those of us who believe in an open Internet need to lobby politicians and persuade our managers that this is the right thing to do. The government can sometimes be very helpful. For example, I think that the USA's action against Microsoft has given a big boost to open source.

    But our primary goal must be to expand our culture to all hackers. After all, we "own" the Internet.

  29. It's not hacker hubris, it's morals by MrRobahtsu · · Score: 2

    I don't claim to be as Libertarian as ESR, but I have to agree with him here.

    The question isn't one of what's best, but what is moral. I don't
    think the it's the role of government to encourage free software. I
    would be acting against my values and principles if I advocated
    government action.

    I believe Lessig has a stronger case ONLY if you believe in the
    philosophy of all-encompassing, ameliorative government. I don't, and
    believe that moving that direction is bad for the whole country in the
    long term. Not because I think I'm the only person smart enough to
    figure out software policy.

  30. Ding ding! by Vanders · · Score: 2

    Damn, when i read that headline i thought it was a wrestling match. Now that would be entertaining. Imagine it: A cage match with ESR, RMS and Linus...mmm, Geek Celebrity Deathmatch :)

  31. Lessig+Brand by krystal_blade · · Score: 3
    All in all, I think Lessig and Brand brought up and presented the strongest points so far in this thing. Jeff Taylor seems just a bit too pessimistic. And ES Raymond is an Elitist, at best.

    ES Raymond seems to say that non hackers shouldn't have any say in the Open Source movement, and that THEY (hackers) and not avg. Joe should decide whether to put Microsoft on it's knees.

    Lessig comes right out and states flat out that he never coded a thing in his life, yet seems to have a firmer grasp on the situation than others... It's quite unfortunate in todays world that the law is so convoluted that it requires readers assistance... But thank god some of the best are on the Open Source side.

    If you combine the argument of Lessig, and Brand, the strongest argument exists. Tighter Government control for the handing out of patents, the use of those patents (and copyrights) (Lessig) and Government sponsorship of Innovation, as opposed to stagnation. (Brand)

    krystal_blade

    --
    It will be easy to motivate our fellow man; there is hardly anything people treasure more than not being annihilated.
  32. Lessig, get a clue... by BoLean · · Score: 2

    "despite the best efforts of the open-source movement to "crush" others"

    Does the air around you crush you? Does the sun in the sky crush you? OpenSource simply is. ESR is saying that whatever obstacles are put in place, the desire for free expression embodied as OpenSource will prevail. Goverments and big business could put all their efforts into stemming the flow of free thought or the spread of the internet, but if by nothing more that sheer volume OpenSource will prevail. It is a reality and any amount of legislation, litigation or brute force won't stop it. No more than such actions have stopped free thought and expression. Get a clue.

    What is more irritating is the wasted human effort spent trying to stop it. And when the government is doing the wasting it really bugs me because they think they are doing it in my best interests.

  33. I think ESR did miss Lessig's point by Jerf · · Score: 5
    I think ESR did miss Lessig's points about laws concerning IP and contracts mattering more then it might seem. While hackers may route around damage to freedom, it'll do no good when there are no safe havens... and we as a species are working towards that goal with all available speed.

    While you may never corral those last few hackers, the ones who write FreeNet and change it in the face of all attacks and figure out how to disguise it yet again so it evades the law this week... so what? Freedom for the .01% is not freedom at all.

    I agree with Lessig; it's dangerous to assume hackers uber alle. Barring a large scale move out into space, the policians still have a lot of power here. There's no natural law of the universe that the they can't destroy all the routers of the world, confiscate computers, and kill the ringleaders of any resistance movement. You think they need us? Those who would fight freedom this hard would have no problem moving the world back to feudalism, as long as they are in power.

    Do not underestimate your enemies. They like it when you do that.

  34. Re:what the fuck is et al.? by rudi_v · · Score: 2

    "et al." is an abbreviation for the Latin "et alienses", meaning "and others".